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Bronx Premises Liability Law Blog

Icy sidewalk lawsuit reinstated after ruling from appeals court

Four days is too long to have left a Manhattan sidewalk covered in ice. That's the ruling from the Appellate Division, First Division, which reinstated a woman's lawsuit against New York City and the landowners.

The plaintiff filed the lawsuit after she slipped and fell in 2008 on a patch of ice that was one-inch thick on a sidewalk in Harlem. Court filings show that the woman had a meteorologist submit an affidavit that showed snowfall in the area four days before the accident and that the ice would have formed two days before she was injured. The plaintiff alleged, as did a witness, that the private landowners or the city had ample time to remove the ice that built up on the sidewalk.

New York elevator accidents

The owners and property managers of New York skyscrapers must maintain the elevators on their properties to keep them safely operational. According to the law, building owners and property managers who fail to maintain the safety of their elevators can be held liable in the event of an accident. Similarly, elevator manufacturers, elevator repair companies and other businesses could be liable in the event of an injurious elevator accident.

Elevators operate safely the vast majority of time, but sometimes -- on the rare occasion -- an unsuspecting victim gets into a malfunctioning elevator and suffers a severe injury. There is nothing that a New York resident can do to protect him or herself against such an incident. However, those who are injured due to no fault of their own may be able to seek financial restitution in court.

New York animal attack claims

Any New York resident -- male, female, child or adult -- could become the victim of an animal attack incident. Animal attacks might happen while visiting a neighbor, friend or relative. Attacks might happen while a babysitter is caring for a child at the babysitter's house. Attacks could also happen while walking by a home with an unsecured dog, or at a park where a dangerous animal is left free without a leash.

The fact of the matter is that New York residents who own dogs and other types of pets are, in most cases, responsible for the accidents and injuries that their animal causes. For example, if the animal owner fails to restrain his or her pet and the animal attacks another individual, that individual can likely pursue civil claims relating to his or her injuries in court. Financial restitution that is pursuable in such cases generally includes money for medical care, money for pain and suffering, money for permanent and temporary disabilities and other types of damages.

Macy's sued after 10-year-old girl injured in escalator accident

In 2013, a 10-year-old girl was tragically injured in an escalator accident at a Macy's department store in nearby New Jersey. The girl's foot became trapped even though the laces in the Converse tennis shoes she was wearing were tied.

Another person in Macy's was able to hit the emergency stop button on the escalator; however, by that time the girl's leg was trapped about halfway up her lower right leg. The lawsuit states, "copious amounts of [the victim's] blood and tissue were distributed over 11 steps as the escalator continued grinding up against [the victim's] trapped foot and leg."

How can I prevent a slip and fall injury?

A slip and fall injury can happen just about anywhere at any time. Indeed, injuries caused by unexpected falls are the leading unintentional injuries in America. They cause an estimated 8.9 million emergency room visits each year.

Adults above the age of 54 tend to be the most prone to slip and fall injuries. These unfortunate events can ruin an adult's ability to live an independent life in his or her golden years. They can even lead to death. Indeed, for individuals above the age of 65, fall deaths are four times more common than other age groups.

Black Friday accidents caused by hazardous conditions

Halloween is almost here, and that means that it is almost time for holiday shopping. For many New York shoppers, that means finding deals at Black Friday sales. While many of these sales don't involve shoppers getting hurt, there are stories every year of tramplings and other events that lead to shoppers being injured. For the people who are hurt in these types of accidents, the effects can be long-lasting and the treatment quite expensive.

Store owners and property owners always have a duty to keep their stores safe for shoppers. That responsibility doesn't fall by the wayside just because the store is having a holiday sale. The store can still be held liable for certain injuries that occur during a Black Friday sale.

Escalator accident footage shows how back injury can happen

Believe it or not, every time a New York resident steps onto an escalator, risk is involved. That is because the safe operation of that escalator is the responsibility of the property owner or property manager that maintains the device. Back injury, neck injury, broken bones and other types of injuries are quite common in New York and other areas of the country.

In one southern state, the threat of escalator accidents was revealed through some recently released surveillance video footage. Since 2008, one airport in Palm Beach, Florida, has seen 159 escalator mishaps. A spokeswoman for the airport said that most of the accidents involved issues relating to wheelchairs, strollers and luggage.

Woman dies in escalator accident

A woman has died in an escalator accident after falling from the second floor of the Scottsdale Trade Center in St. Louis, Missouri. She was attending a professional hockey game and was with friends when the accident occurred.

According to friends and witnesses, the 34-year-old mother of two was attempting to slide down the railing by straddling it. She reportedly fell off it and landed face first two stories below. A witness said that she was not responsive after she landed.

Slip and fall accidents can happen to any sidewalk pedestrian

A sidewalk might appear safe and secure, but it can hold many unexpected dangers to unsuspecting pedestrians. A simple slip and fall could even result in death. Tragically, many slip and fall accidents that happen on sidewalks in New York never should have happened -- and they would not have -- if the persons and/or businesses responsible for maintaining the sidewalks had fulfilled their legal obligations.

Indeed, even if the slip and fall accident occurred as a result of snow or ice having accumulated on the pathway, it might have been the legal responsibility of the business owner to keep the sidewalk clean and free of dangers. Hand, knee, wrist and back injuries are some of the most common forms of injuries that happen due to a sidewalk accident. Some individuals even fall and fracture their skulls, which can result in dangerous and potentially fatal concussions and permanent brain damage.

Lawsuit filed against Dollar Tree after boy's slip and fall

Businesses have a responsibility to their customers to keep their properties free from hazards. Such hazards might include boxes in aisles, loose carpeting or liquids that spill or drip onto the floors.

A lawsuit has been filed in another state against the discount retailer Dollar Tree. The suit was filed by the father of a boy who slipped in liquid on the store's floor. According to the lawsuit, the boy suffered serious injuries in the slip and fall accident, although the nature of the injuries was not reported.

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